130 Conn. App. 792
Conn. App. Ct.2011Background
- Nipmuc Properties, LLC and Summitwood Development, LLC sue for damages and reformation related to a sale-and-leaseback of a 52-acre parcel.
- Nipmuc I (2002) involved escrowed lease and siting council approval issues; Nipmuc I ultimately affirmed that siting council approval was a condition precedent to delivering the lease.
- Defendants allegedly promised back-dated conveyances or leases to Summitwood/Nipmuc contingent on siting approval, forming the basis of alleged fraud and tort claims.
- In Nipmuc I, several defendants were found to be in privity with PDC-El Paso; Nipmuc I judgment was favorable to the defendants.
- Plaintiffs filed this action in May 2004 while Nipmuc I was pending; defendants moved for summary judgment on res judicata grounds in 2009.
- Trial court granted summary judgment in 2010, after allowing amendment to add res judicata defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amendment to add res judicata was proper | Summitwood argues waiver and injustice from late amendment. | Defendants maintain abuse-of-discretion standard; amendment proper. | Amendment properly granted; no abuse of discretion. |
| Whether res judicata bars the present action | Nipmuc I limited to escrow responsibilities; present claims arise from separate fraudulent scheme. | Individuals were in privity with PDC-El Paso; claims arise from same transaction; bar applies. | Res judicata applies; present claims barred; adequate opportunity to litigate in Nipmuc I. |
Key Cases Cited
- Canterbury v. Deojay, 114 Conn.App. 695 (2009) (abuse of discretion standard governs pleadings amendments)
- Miller v. Fishman, 102 Conn.App. 286 (2007) (amendment decisions rest in trial court discretion)
- Wade's Dairy, Inc. v. Fairfield, 181 Conn. 556 (1980) (agents in privity extend to other party's claims)
- New England Estates, LLC v. Branford, 294 Conn. 817 (2010) (claim preclusion promotes efficiency; adequate opportunity to litigate)
- Connecticut National Bank v. Rytman, 241 Conn. 24 (1997) (preclusion analysis and privity considerations)
- Lighthouse Landing, Inc. v. Connecticut Light & Power Co., 300 Conn. 325 (2011) (transactional approach to determining the original claim)
- DiPietro v. Farmington Sports Arena, LLC, 123 Conn.App. 583 (2010) (plenary review for certain summary judgment evidentiary issues)